Civil Procedure

Ninth Circuit Court of Appeals, Agriculture, Civil Procedure, Litigation

Rusoff v. The Happy Group — Egg-Labeling Class Lacked Common Proof of Consumer Deception

automatic / August 17, 2026

The Ninth Circuit reversed certification of a California egg-labeling class because consumers lacked common proof that pasture raised carried a shared deceptive meaning.

1st District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Mary D. v. McCauley — Incarcerated Civil Defendant Entitled to Meaningful Trial Access

automatic / August 12, 2026

The Court of Appeal reversed for a new trial. Once McCauley met the threshold showing governing incarcerated civil litigants, the trial court had to meaningfully consider practical measures that would permit access to court; denying additional time to secure counsel under these circumstances was an abuse of discretion and violated constitutional access rights.

Ninth Circuit Court of Appeals, Business Transactions, Civil Procedure, Litigation

Devas Multimedia v. Antrix — Foreign Sovereign Cannot Avoid Arbitral Award on Forum Grounds

automatic / August 12, 2026

The Ninth Circuit held that the FSIA arbitration exception supplied subject-matter jurisdiction and that exercising personal jurisdiction was reasonable even assuming Antrix could invoke Fifth Amendment protections. It also held that forum non conveniens does not defeat an action to confirm a Convention award because contracting nations must recognize covered awards and a foreign court cannot attach assets in the United States.

4th District Court of Appeal, Civil Procedure, Healthcare Law, Personal Injury & Tort

Godshall v. Peterson — Persistent symptoms did not conclusively start the medical-malpractice clock

automatic / August 11, 2026

A patient's continuing symptoms after surgery did not establish as a matter of law that she had discovered a negligent incomplete carpal-tunnel release.

California Supreme Court, Civil Procedure, Constitutional Law, Family Law

Family Violence Appellate Project v. Superior Court — Indigent litigants must receive a verbatim record in every case

automatic / August 10, 2026

When no court reporter is available, California trial courts must electronically record proceedings so indigent litigants can obtain an official verbatim record in every type of case.

Ninth Circuit Court of Appeals, Civil Procedure, Litigation, Personal Injury & Tort

State of Colorado v. Meta Platforms, Inc. — Section 230 defense does not permit an immediate appeal

automatic / August 10, 2026

The Ninth Circuit held that Section 230 supplies a defense to liability, not immunity from suit, so platforms ordinarily must wait for final judgment to appeal a partial denial of the defense.

California Supreme Court, Civil Procedure, Criminal Law

People v. Hyatt — Prison speedy-trial demand is premature until actual delivery to state custody

automatic / August 6, 2026

The California Supreme Court held that Penal Code section 1381’s 90-day clock cannot be invoked until the sentenced defendant is actually delivered into state-prison custody.

California Supreme Court, Civil Procedure, Litigation, Personal Injury & Tort

Gorobets v. Jaguar Land Rover — Section 998 offer may give the offeree two alternative settlement choices

automatic / August 6, 2026

The California Supreme Court held that a section 998 offer may contain two alternative settlement choices when they are clearly presented and at least one is independently certain.

Ninth Circuit Court of Appeals, Civil Procedure, Intellectual Property, Litigation

Koi Design v. Marron Lawyers — Professional-conduct breaches can support malpractice and fiduciary-duty claims

automatic / August 6, 2026

The Ninth Circuit revived Koi Design’s malpractice claims, holding that professional-conduct violations and evidence of failed disclosure and supervision could support breach and causation.

6th District Court of Appeal, Civil Procedure, Criminal Law

People v. Bocanegra — Murder Resentencing Petition Requires an Evidentiary Hearing

automatic / August 6, 2026

A murder resentencing petition could not be denied at the prima facie stage because the record did not eliminate reliance on a now-invalid theory as a matter of law.

2nd District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Leviss v. Madix — anti-SLAPP does not protect alleged copying and sharing of intimate videos

automatic / August 5, 2026

A public controversy did not make the alleged copying and sharing of private sexual videos protected activity under California’s anti-SLAPP statute.

Ninth Circuit Court of Appeals, Civil Procedure, Environmental Law, Litigation

Inland Empire Waterkeeper v. Corona Clay — Sackett requires another Clean Water Act trial

automatic / August 5, 2026

The Ninth Circuit ordered a new trial on whether Temescal Creek remains covered by the Clean Water Act after Sackett narrowed federal water jurisdiction.

2nd District Court of Appeal, Civil Procedure, Litigation

A Company Hungary KFT v. Bespalov — Unsupported accusations of judicial bias bring contempt sanction

automatic / August 4, 2026

The court held appellate counsel in contempt and imposed a $1,000 fine for repeatedly accusing the trial judge of bias without record support.

Ninth Circuit Court of Appeals, Business Transactions, Civil Procedure

Shenzhen Zehuijin Investment Center v. Yingkui — Physical Presence Supports Personal Jurisdiction Without In-Person Service

automatic / August 3, 2026

Physical presence supports personal jurisdiction even without in-person service, and a separate service objection can be waived.

1st District Court of Appeal, Civil Procedure, Constitutional Law, Healthcare Law

Conservatorship of C.O. — Counsel may communicate conservatee’s jury-trial waiver

automatic / August 3, 2026

An LPS conservatee may knowingly waive a jury trial through counsel, although the trial court should personally advise the conservatee of that right.

California Supreme Court, Civil Procedure, Constitutional Law, Criminal Law

People v. Sanmiguel — Courts must scrutinize demeanor-based reasons for juror strikes

automatic / July 30, 2026

California’s high court clarified how judges must evaluate demeanor-based explanations for peremptory juror strikes under section 231.7.

2nd District Court of Appeal, Civil Procedure, Labor & Employment Law, Litigation

Glick v. City of Los Angeles — Court reinstates jury’s $13 million emotional-distress awards

automatic / July 30, 2026

A trial court could not impose an arbitrary ceiling on emotional-distress damages or disregard admissible employee testimony about future losses.

California Supreme Court, Civil Procedure, Constitutional Law, Healthcare Law

Conservatorship of E.A. — A Nearly Year-Long Delay in an LPS Trial Violated Due Process

automatic / July 23, 2026

The California Supreme Court held that an almost year-long delay in an LPS conservatorship trial violated due process, though the error was harmless on this record.

1st District Court of Appeal, Civil Procedure, Insurance Law, Litigation

Kumar v. Mid-Century Insurance Co. — Closed insurance claim started the one-year suit deadline

automatic / July 22, 2026

Closed insurance claim started the one-year suit deadline.

4th District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Eagle Colton 55 v. City of Colton — Anti-SLAPP motion defeats claims barred by Government Claims Act

automatic / July 21, 2026

Anti-SLAPP motion defeats claims barred by Government Claims Act.

4th District Court of Appeal, Civil Procedure, Family Law

Marriage of G.E. & I.D. — Family courts cannot dismiss DVRO petitions merely to manage crowded calendars

automatic / July 20, 2026

A family court abused its discretion by dismissing a DVRO petition for calendar-management reasons and ending temporary protection without notice.

4th District Court of Appeal, Civil Procedure, Constitutional Law, Litigation

Mata v. Digital Recognition Network — License-plate privacy suits require actual harm

automatic / July 20, 2026

California's ALPR statute requires a plaintiff to show actual harm caused by a violation; a technical violation and subjective privacy concern are not enough.

1st District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Quinn v. Coulton — Lateral-support strict liability requires excavation, and joint settlement offers need unified interests

automatic / July 20, 2026

Strict liability for loss of lateral support requires excavation, and a joint section 998 offer cannot shift expert fees without a proven unity of interest.

4th District Court of Appeal, Civil Procedure, Probate, Real Estate Law

Grimberg v. Pour — Lis Pendens Orders in Probate Proceedings Are Not Appealable

automatic / July 17, 2026

California’s Fourth District Court of Appeal holds that orders authorizing lis pendens recordings in probate proceedings are not appealable—the exclusive remedy is a petition for writ of mandate filed within 20 days of the order.

4th District Court of Appeal, Civil Procedure, Criminal Law

Sua v. Superior Court — Prosecution Cannot Compel Mental Exam for Defendants Seeking Mental Health Diversion

automatic / July 16, 2026

The Fourth District Court of Appeal held that California's criminal discovery statute (Penal Code § 1054.3(b)(1)) does not authorize a trial court to compel a defendant seeking pretrial mental health diversion to undergo a prosecution mental examination, because the diversion hearing is not a trial at which the defendant has placed mental state in issue through expert testimony.